BILL NUMBER: SB 809	CHAPTERED  09/21/99

	CHAPTER   459
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN SENATE   MAY 3, 1999

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 25, 1999

   An act to add Sections 2960.05, 3750.51, 4982.05, and 4992.31 to
the Business and Professions Code, relating to counselors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 809, O'Connell.  Licensing.
   Under existing law, the Board of Behavioral Sciences provides for
the licensure and regulation of marriage, family, and child
counselors, as well as clinical social workers, including the denial,
revocation, or suspension of a license due to unprofessional
conduct.  Under existing law, the Respiratory Care Board of
California provides for the licensure and regulation of respiratory
care practitioners, and specifies causes for the denial, revocation,
or suspension of a license on specified grounds.  Under existing law,
the Board of Psychology provides for the licensure and regulation of
psychologists, including the denial, revocation, or suspension of a
license on specified grounds.
   This bill would require an accusation brought against such a
licensee, pursuant to a specific provision of the Government Code, to
be filed within 3 years from the date the board discovers the
alleged act or omission that is the basis for disciplinary action, or
within 7 years from the date the alleged act or omission that is the
basis for disciplinary action occurred, whichever occurs first
subject to certain tolling provisions.  The bill would state that it
applies to all accusations  filed on or after January 1, 2000.
   These requirements, however, would not apply if the accusation
filed against a licensee, as specified, alleges the procurement of a
license by fraud or misrepresentation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2960.05 is added to the Business and
Professions Code, to read:
   2960.05.  (a) Except as provided in subdivisions (b) and (c), any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code shall be filed within three years from the date the
board discovers the alleged act or omission that is the basis for
disciplinary action, or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) shall be tolled
until the minor reaches the age of majority.
  SEC. 1.5.  Section 3750.51 is added to the Business and Professions
Code, to read:
   3750.51.  (a) Except as provided in subdivisions (b) and (c), any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code shall be filed within three years from the date the
board discovers the alleged act or omission that is the basis for
disciplinary action, or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) shall be tolled
until the minor reaches the age of majority.
  SEC. 2.  Section 4982.05 is added to the Business and Professions
Code, to read:
   4982.05.  (a) Except as provided in subdivisions (b) and (c), any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code shall be filed within three years from the date the
board discovers the alleged act or omission that is the basis for
disciplinary action, or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) shall be tolled
until the minor reaches the age of majority.
  SEC. 3.  Section 4992.31 is added to the Business and Professions
Code, to read:
   4992.31.  (a) Except as provided in subdivisions (b) and (c), any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code shall be filed within three years from the date the
board discovers the alleged act or omission that is the basis for
disciplinary action, or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) shall be tolled
until the minor reaches the age of majority.
  SEC. 4. This act shall apply to all accusations filed on or after
January 1, 2000.
